Central Information Commission
Mrs. Meena Jain vs Assessment And Collection Department, ... on 16 November, 2009
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2009/002410/5532
Appeal No. CIC/SG/A/2009/002410
Appellant : Mrs. Meena Jain
C - 7, First Floor, Arya Samaj Road,
Adarsh Nagar, Delhi - 110033.
Respondent : Mr. Jagdeep Chillar
Public Information Officer & Joint Assessor and Collector Municipal Corporation of Delhi Assessment and Collection Department, Civil Lines Zone, 16, Rajpur Road, Delhi - 110027.
RTI application filed on : 17/03/2009 PIO replied : 11/05/2009 First appeal filed on : 08/06/2009 First Appellate Authority order : Not ordered Second Appeal received on : 25/09/2009
The Appellant had issue on following queries with regard to property no. Shop no. 5, B - 284, Gali No, 3, Majlis Park, Delhi - 110033:
S.No. Information Sought Reply of the PIO
3. Receipt number with date of payment of No. 342034 dated 14.03.01 Rs.1128/-
property tax in respect of said property. No. 996049 dated 29.01.02 Rs.1128/-
No. 623087 dated 10.02.04 Rs.1128/-
6. Reasons for sending notices under Section As per record available no notice u/s 154 was sent to 154 of DMC Act 1057, in spite of regular the Appellant but the same were sent to the payments of Property Tax. owners/occupiers of property who had not made the payment of Prop. Tax.
7. Name and designation of the officers who had Such notices were being sent by the assessing officers signed the notice without verifying the facts after verifying the records. However, no notices had from the records. been sent without verifying the facts from the records.
8. Number of ledger folios in respect of above As per record the one ledger folio no. 91-II D/106 in mentioned property were mentioned in the respect of the said property. department's records.
9. Details of ledger folios in which the payments As above.
of the property tax of the said property tax were credited.
10. Photocopies of the ledger folios of the said The photocopies of the ledger folios in respect of property maintained in the Department's above mentioned property could be obtained on records. payment of Rs.2/- per page (2 pages Rs.4/-) on 15/05/2009 at 11 AM.
11. Number of the owners and occupants who As per available record with the deptt. there were 4 were there in the premises of B - 284, Gali owners in the premises of property no. B - 284, Gali No, 3, Majlis Park, Delhi - 110033. No, 3, Majlis Park, Delhi - 110033.
12. Details of portion held by each of them and As per available record with the deptt., the portions whether the property held by them was were assessed as Shop no. 3 & 4 (GF) Com. In the commercial or residential. name of Mrs. Neeraj Arora and Mrs. Raj Arora. Part of GF (Com.) in the name of Mrs. Meena Jain, SF ( Res) in the name of Mr. B. B. Sethi & Sons.
13. Details of payments of property tax since As per available record with the deptt., the following 1994-95 till date by all the owners/occupants payments were made by the owners/occupants of of B - 284, Gali No, 3, Majlis Park, Delhi - Property No. B - 284, Gali No, 3, Majlis Park, Delhi - 110033. 110033.
Mr. Ved Prakash & Punit Kumar for part of GF & FF paid Rs.5392/- on 12/10/02 Under the Unit Area System on self Assessment the payments were made as Rs.1118 dated 25/06/2006 Rs.1315 dated 1/7/06, Rs.1118/- dated 30/06/07, Rs.1118/- dated 30/08/08, Mr. Gurinder paid Rs.882/- on 30/0607.
Mrs. Neeraj Arora & Raj Arora Shop no. 3 & 4 GF paid Rs.17856/- on 25/11/2005 and undere Unit Area System on self assessment Rs.6136/- dated 30/06/2007 payments made by Mr. Rajiv Kr.
Mrs. Meena Jain, Shop no. 5 (GF) on 14/03/2001 Rs. 1128/- dated 29/01/2002 Rs. 1128/- dated 10/02/2004 Rs.1128/-.and under Unit Area System on self Assessment Rs.780.15P 22/09/2004, Rs. 264/- - 30/08/2005.
Mr. B.B. Seth & Sons SF paid Rs.3340/- dated 22/09/2003.
14. Details of action proposed to be taken against No action required.
the erring/guilty officials.
First Appeal:
Incomplete and unsatisfactory information received from the PIO. Order of the FAA:
No ordered.
Ground of the Second Appeal:
Incomplete information received from the PIO and no action taken by the FAA.
Relevant Facts emerging during Hearing:
The following were present:
Appellant : Dr.P.K.Jain on behalf of Mrs. Meena Jain; Respondent : Mr. Jagdeep Chillar, Public Information Officer & Joint Assessor and Collector;
The FAA Mrs. Kiran Dabral, Dy. Commissioner(Civil Lines zone) is guilty of dereliction of duty since she had passed no order in this matter. She is warned that the Commission will consider recommending disciplinary action against her for not doing her duty as per the RTI Act.
The appellant has been given certain information which he states is not correct. The PO states that the information has been given as per records. It appears that there joint owner of a particular property and there might by some confusion in the way they are reflected on the records. The Appellant is willing to inspect the relevant records.
Decision:
The Appeal is allowed.
The PIO is directed to facilitate an inspection of the relevant records on 26 November 2009 at 10.30am at the office of the PIO. The PIO will give photocopies of any of the records which appellant wants upto 100 pages free of cost.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 16 November 2009 (In any correspondence on this decision, mention the complete decision number.)(GJ)